DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ITW Australia Pty Ltd T/A Ramsetreid
(AG2019/4983)

RAMSETREID (FLOORING AND CONSTRUCTION MANUFACTURING EMPLOYEES) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 13 FEBRUARY 2020

Application for approval of the RAMSETREID (Flooring and Construction Manufacturing Employees) and United Workers Union Enterprise Agreement 2019.

[1] ITW Australia Pty Ltd T/A Ramsetreid (the Employer) has applied for approval of an enterprise agreement known as the RAMSETREID (Flooring and Construction Manufacturing Employees) and United Workers Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the United Workers Union (the UWU) and the nominated employee bargaining representatives for the Agreement regarding the undertakings.

[3] The UWU wrote to my chambers and indicated that it had no objections to the Employer’s undertakings other than a typographical error of the date of the Employer’s signature, which the Employer rectified. The Employer provided a document signed by both the employee bargaining representatives to my chambers stating that each of the employee bargaining representatives had reviewed the Employer’s undertakings and accept those undertakings. It is not necessary for employee bargaining representatives to accept the undertakings provided by the Employer, however it is noted.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The UWU being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

The case involved ITW Australia Pty Ltd, trading as Ramsetreid, and the United Workers Union. The dispute pertained to the application for the approval of the RAMSETREID (Flooring and Construction Manufacturing Employees) and United Workers Union Enterprise Agreement 2019. The application was brought before the Fair Work Commission.

The central legal issue revolved around whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly concerning the "better off overall test" (BOOT). This test requires that the agreement must not reduce the financial position of employees or their conditions of employment compared to their previous conditions. Additionally, the court had to consider whether the agreement complied with the procedural fairness requirements, such as the proper notification of the agreement to the employees.

The Fair Work Commission found that the enterprise agreement satisfied the BOOT, as it was demonstrated that employees would not be worse off financially under the new agreement. The court also determined that the procedural fairness requirements were met, as the employer had complied with the necessary notification obligations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered the approval of the RAMSETREID (Flooring and Construction Manufacturing Employees) and United Workers Union Enterprise Agreement 2019, subject to certain conditions that needed to be fulfilled by the parties involved.

ITW Australia Pty Ltd T/A Ramsetreid

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established